Minnesota Background Check Laws for Employers (2026)
Minnesota regulates hiring more tightly than most states. Ban the box, consumer report copies, drug testing, application questions and automatic record sealing all carry their own statutes.
This guide from BCS Background Screening LLC names each rule, the agency behind it, and what changed for Minnesota employers in 2025 and 2026.
Minnesota Background Check Laws at a Glance
Minnesota spreads its screening rules across civil rights, data practices, labor and human services law. No single chapter holds them all.
Therefore, the table below names each rule, sums it up, and identifies the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.; Minn. Stat. §§ 13C.001 to 13C.03 | Requires a disclosure with a copy request box, and a report copy within 24 hours. | FTC, CFPB and the Minnesota Attorney General |
| State criminal records | Minn. Stat. § 13.87 | Classifies criminal history data and keeps convictions public for 15 years after sentence completion. | Bureau of Criminal Apprehension |
| Fair chance / ban the box | Minn. Stat. § 364.021 | Bans criminal history questions until interview selection or a conditional offer, at every employer. | Minnesota Department of Human Rights |
| Direct relationship test | Minn. Stat. § 364.03 | Sets the direct relationship standard for public employment and occupational licensing. | Each hiring authority and licensing board |
| Local fair chance | Minneapolis Code of Ordinances ch. 139 (Ordinance 2025-022) | Adds justice-impacted status as a protected class and requires an individualized assessment. | Minneapolis Department of Civil Rights |
| Sealed and expunged records | Minn. Stat. § 609A.015; § 609A.055 | Seals qualifying records automatically since January 1, 2025, and expunges qualifying cannabis offenses. | Bureau of Criminal Apprehension, the courts and the Cannabis Expungement Board |
| Juvenile records | Minn. Stat. § 299C.095 | Keeps juvenile criminal history private and limits its release. | Bureau of Criminal Apprehension |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | FTC and CFPB |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | FTC and CFPB |
| Salary history | Minn. Stat. § 363A.08, subd. 8 | Bars pay history questions in hiring, effective January 1, 2024; pay ranges required in postings at 30 or more employees. | Minnesota Department of Human Rights |
| Drug and marijuana testing | Minn. Stat. §§ 181.950 to 181.957; § 181.938 | Governs every private-sector drug and alcohol test, and protects lawful off-duty cannabis use. | Department of Labor and Industry, with private enforcement |
| Application questions | Minn. Stat. § 363A.08, subd. 4 | Bars pre-employment questions about race, religion, sex, age, marital status, disability and other protected traits. | Minnesota Department of Human Rights |
| E-Verify | Minn. Stat. § 16C.075; Form I-9, 8 C.F.R. § 274a.2 | Requires E-Verify certification on state service contracts over $50,000; voluntary otherwise. | Minnesota Department of Administration and USCIS |
| Social media | No state statute | Minnesota has no password-privacy law for applicants. | Not applicable |
| Human services and child care | Minn. Stat. ch. 245C | Requires background studies for licensed human services and child care roles. | Department of Human Services and Department of Children, Youth, and Families |
| Schools | Minn. Stat. § 123B.03 | Requires criminal history checks on school district hires with student contact. | School districts with the Bureau of Criminal Apprehension |
| Driving records | Minn. Stat. § 171.12; Driver’s Privacy Protection Act, 18 U.S.C. § 2721 | Classifies driving records and controls their release to employers. | Driver and Vehicle Services, Department of Public Safety |
How the FCRA Applies to Minnesota Employers
The federal Fair Credit Reporting Act sets the procedure whenever you use a screening company. Minnesota then adds its own layer on top.
Four federal steps carry nearly every compliance claim, so build them into your workflow first.
Clear Disclosure
Give a clear written notice that a consumer report may be obtained. Keep it on its own page, and add the Minnesota copy box described below.
Written Authorization
Collect the applicant’s signature before you order. Electronic signatures work, provided the applicant reads the disclosure first.
Pre-Adverse Action
Before you decide, send the report and the Summary of Rights. Then give the applicant real time to respond.
Adverse Action Notice
Name the screening company, and state that it did not make the decision. Include the dispute rights, since that omission drives most lawsuits.
Minnesota’s Own Consumer Report Law: The Copy Rule
Minnesota chapter 13C, Access to Consumer Reports, is the state’s answer to the FCRA. Most employers miss it, yet it changes the paperwork on every Minnesota hire.
Minn. Stat. § 13C.02 requires the written disclosure to carry a box. The applicant checks that box to request a copy of the report.
If a job application is used, the disclosure must accompany it. The Minnesota Attorney General enforces the chapter.
The deadline is short. When the box comes back checked, the screening company sends the report to the applicant within 24 hours of releasing it to you.
Separately, on written request, the agency must describe the nature and scope of an investigative report within five days.
Two narrow exceptions apply. The rule does not reach a report for a position the person never applied for, and it pauses during an investigation of suspected employee misconduct.
Audit your disclosure form today. A generic national template almost certainly lacks the Minnesota check box.
Minnesota Criminal History Records and the BCA
The Bureau of Criminal Apprehension (BCA) keeps Minnesota’s central criminal history file. Minn. Stat. § 13.87 classifies that data and decides what the public may see.
Conviction data stays public for 15 years after the sentence is complete. Arrest history, by contrast, is not public data, so a state search returns convictions only.
Many misdemeanor arrests never reach the state file because agencies need not report them. So the BCA file is a strong first layer, not the whole picture.
The Statewide Search Employers Use
Our Minnesota real-time statewide criminal search runs a name search of the BCA public file across all 87 counties. A researcher reviews every returned record before it reaches your file.
The search applies the 15-year public data limit, the federal seven-year rule and the sealed record rules automatically. See the product page for pricing and a sample report.
County Courts Fill the Gaps
Direct county court research reaches pending cases and detail the state file never carries. The search costs $18 plus any court fees.
Federal district court cases never reach the Minnesota state file either. Add a federal criminal search for finance, healthcare and interstate roles.
How Far Back a Minnesota Background Check May Go
Two clocks run at once in Minnesota. One comes from state data law, the other from the FCRA at 15 U.S.C. § 1681c.
Minnesota sets no lookback cap for screening companies. Read all four tiers before you set a policy.
Public Conviction Data (State)
Convictions stay public data for 15 years after the sentence is complete, under Minn. Stat. § 13.87.
Arrests and Non-Convictions (Federal)
The FCRA blocks arrests and other non-convictions once they pass seven years.
Salary Exemption (Federal)
At that expected annual salary or more, the federal seven-year limit falls away.
Sealed and Juvenile Records
Sealed, expunged and juvenile records stay off the report at any salary.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Clean Slate, Expunged and Juvenile Records in Minnesota
Sealed, Expunged and Set-Aside Records
Minnesota’s Clean Slate Act began operating on January 1, 2025. Under Minn. Stat. § 609A.015, qualifying records seal without any petition.
The Bureau of Criminal Apprehension identifies eligible people and grants relief within 30 days of the waiting period ending. Dismissals, acquittals and completed diversions seal automatically as well, often sooner.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Petty misdemeanor or misdemeanor | Minn. Stat. § 609A.015 | 2 years from discharge of the sentence | Automatic; no petition required |
| Gross misdemeanor | Minn. Stat. § 609A.015 | 3 years from discharge of the sentence | Automatic; no petition required |
| Felony drug possession | Minn. Stat. § 609A.015 | 4 years from discharge of the sentence | Fifth-degree possession under § 152.025 |
| Other eligible felonies | Minn. Stat. § 609A.015 | 5 years from discharge of the sentence | Eligible offenses only |
Domestic violence offenses, driving-while-impaired cases, assault, criminal sexual conduct and privacy-interference crimes stay on the record. They never qualify for automatic sealing.
Once a record seals, it leaves the public file. Consequently, no compliant background report may show it, and no employer may consider it at any salary level.
Arrests and Non-Convictions
Arrest history is not public data in Minnesota, so a state search returns convictions only. Non-convictions that surface elsewhere follow the federal seven-year limit.
In Minneapolis, an arrest that did not result in conviction can never support an adverse decision. Elsewhere, confirm the disposition and weigh the underlying conduct only when it is job-related.
Juvenile Records
Juvenile records are private under Minn. Stat. § 299C.095. They never appear on a compliant report, so never penalize an applicant for omitting one.
Marijuana Convictions
Cannabis records follow their own track under Minn. Stat. § 609A.055. Misdemeanor cannabis offenses expunge automatically, while felony cases route to the Cannabis Expungement Board for review.
Minnesota Ban the Box Covers Every Employer
Minnesota banned the box for private employers on January 1, 2014. Many national guides attach an employee threshold to the rule, but no such threshold exists.
Minn. Stat. § 364.021 reaches “a public or private employer” with no minimum headcount. You may not inquire into, consider or require disclosure of criminal history until the applicant is selected for an interview.
Where no interview happens, wait for the conditional offer. Public employers follow the same interview-stage timing.
The Minnesota Department of Human Rights enforces the law, and no private right of action exists. Out-of-state employers are covered too, for any job performed in Minnesota.
Exceptions in the Statute
The Department of Corrections is exempt. So are employers with a statutory duty to run a criminal history check.
Employers barred by law from hiring people with certain convictions, such as for teachers and school bus drivers, may ask earlier.
Still Permitted at Any Stage
You may tell applicants that specific convictions disqualify them from a role. You may run the check after interview selection or the conditional offer.
You may also make an individualized decision once the record is lawfully in hand.
Penalties scale with size and repetition. Fines run from $100 to $500 per violation, with monthly caps that rise for larger employers.
Public Employers: The Direct Relationship Test
Chapter 364 is the Criminal Offenders Rehabilitation Act. Minn. Stat. § 364.03 bars public employers and licensing boards from disqualifying someone unless the crime directly relates to the position.
Where a direct relationship exists, the person may still show rehabilitation and fitness. Evidence includes a discharge from probation, a decent employment record and references.
Minnesota requires no individualized assessment from private employers. Nevertheless, borrowing the test is good practice, because a documented assessment answers both a Title VII charge and a Minneapolis ordinance complaint.
City of Minneapolis: Ordinance 2025-022
Minneapolis rewrote its Civil Rights Ordinance, Minneapolis Code of Ordinances ch. 139, through Ordinance 2025-022. The change took effect on August 1, 2025, and it reaches beyond the state rule.
Justice-impacted status is now a protected class. It covers any arrest, charge, conviction, period of incarceration or probationary status, and height, weight and housing status joined the protected list at the same time.
The ordinance applies regardless of size. It reaches any employer in Minneapolis and any employer whose employee performs services partly or wholly in Minneapolis, so a suburban employer with one Minneapolis route can fall inside it.
An arrest that did not result in conviction can never support an adverse decision, pending matters aside. Before adverse action on any other record, you must run an individualized assessment.
Weigh whether the person was convicted, the time elapsed, the nature and gravity of the offense, the applicant’s age at the offense, rehabilitation, and any unreasonable risk to property or safety. Littler’s analysis walks through the factors.
Decisions required by state or federal law, regulation or government contract are exempt, such as positions working with children or in law enforcement. The Minneapolis Department of Civil Rights investigates complaints, and the statewide interview-stage rule still applies.
See What Changed for the action items this ordinance adds to your process.
Federal Contractors
Federal contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
What a Minnesota Job Application May Ask
Minnesota has its own pre-employment inquiry statute. Minn. Stat. § 363A.08, subd. 4 makes it an unfair employment practice for any employer, with one or more employees, to require or request certain information before a person is employed.
The statute lists race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation and age. An employer also may not seek that information from any other source for the purpose of a job decision.
An applicant who is required to provide it is an aggrieved party with a claim. The Minnesota Department of Human Rights enforces the rule.
Exceptions are narrow. They cover a bona fide occupational qualification, information required solely for national security, compliance with the Public Contracts Act, and a law-enforcement agency’s request after notice to a peace-officer applicant.
Federal law then adds the four limits below, which apply to nearly every Minnesota employer.
Sex, Marital Status, Religion and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants.
Minnesota goes further, because § 363A.08, subd. 4 lists age outright. Your screening company still needs the date of birth to match criminal records, so collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
No Minnesota statute limits employment credit checks. Still, the FCRA disclosure, authorization and adverse action steps apply in full, along with the chapter 13C copy rule.
Furthermore, tie credit checks to financial or fiduciary duties. That practice lowers disparate-impact risk under Title VII.
Salary History and Pay Transparency
Minnesota added a pay history ban to the Human Rights Act. Minn. Stat. § 363A.08, subd. 8 took effect on January 1, 2024, and it covers public, private and nonprofit employers alike.
You may not ask about, or consider, an applicant’s past or current pay. Application forms, screening scripts and recruiter notes all need review, and the Minnesota Department of Human Rights enforces the rule.
Setting pay stays straightforward. Base it on skills, education, certifications, licenses, the internal range and the labor market, and never use volunteered history to pay someone less.
In addition, Minnesota requires pay transparency. Employers with 30 or more employees must include pay ranges in job postings, a duty that took effect on January 1, 2025.
Drug and Marijuana Testing
Most states leave private drug testing unregulated. Minnesota does the opposite through the Drug and Alcohol Testing in the Workplace Act (DATWA) at Minn. Stat. §§ 181.950 to 181.957.
DATWA governs every step, and skipping any step exposes you to a private lawsuit. The rules below catch employers out most often.
A Written Policy Comes First
You may not test without a written policy meeting Minn. Stat. § 181.952. It names who is tested, which substances, and the consequences, and no policy means no lawful test.
Applicants Test Only After an Offer
Under § 181.951, subd. 2, applicant testing follows a conditional offer. Every applicant for that position must face the same test.
Random Testing Is Limited
Random tests reach safety-sensitive positions and professional athletes only. Reasonable suspicion testing covers impairment, injuries and accidents.
Confirmatory Testing Is Mandatory
Minn. Stat. § 181.953 requires a laboratory that is certified, accredited or licensed as subd. 1 requires, plus a confirmatory test on every positive screen. Labs keep positive samples at least six months.
The Employee May Explain
After a positive confirmatory result, you must notify in writing. The employee may then identify prescription or over-the-counter medication, or offer another explanation.
A Retest Right Applies
Within three working days the employee may request a retest at their own expense. Notice and lab-contact deadlines then run in working days, so calendar them.
The rule that surprises everyone: under § 181.953, subd. 10, you may not discharge an employee for a first positive confirmatory test. First you must offer counseling or a rehabilitation program, and discharge follows only if the employee refuses it or fails to complete it.
Cannabis changed the picture on August 1, 2023. Minnesota legalized adult recreational cannabis that year, and cannabis became a lawful consumable product under Minn. Stat. § 181.938, so off-duty use may not be penalized.
Minn. Stat. § 181.951, subd. 8 excludes cannabis from pre-employment drug testing for most positions. You also may not refuse to hire on a positive cannabis result alone.
Subd. 9 carves out the exceptions. Cannabis testing remains permitted for safety-sensitive positions, peace officers, firefighters, positions requiring a CDL, positions caring for children, vulnerable adults or patients, federally funded or federal-contract positions, and any position where another law requires testing.
Re-read your job descriptions, because whether a role counts as safety-sensitive decides whether you may test at all. Write that designation into the description, not just the testing policy.
Impairment at work remains actionable. You may still discipline for possession, use or impairment during working hours or on your premises.
Minnesota also protects medical cannabis patients. Therefore, engage in an interactive process before you withdraw an offer from a registered patient.
Federal rules override those protections for CDL drivers. 49 C.F.R. Part 40 still tests for marijuana, even after the DEA moved medical marijuana to Schedule III on April 28, 2026.
Motor Vehicle Records
Minn. Stat. § 171.12 classifies driving record data, and the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, governs release. Driver and Vehicle Services at the Department of Public Safety issues the records.
You need a permissible purpose, and employers normally rely on the applicant’s signed consent. Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries.
BCS Background Screening LLC pulls these reports through its motor vehicle records search. Order a Minnesota driving record for delivery, trucking, sales and CDL positions.
E-Verify and Form I-9
Minnesota has no general E-Verify mandate for private or public employers. E-Verify stays voluntary except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
However, state service contracts valued over $50,000 carry a certification rule. Under Minn. Stat. § 16C.075, the vendor and its subcontractors must certify that they have implemented, or are implementing, E-Verify for new hires who will work on the state contract.
Every employer must still complete Form I-9 for each new hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and Passwords
Minnesota has no social media password-privacy statute. Even so, never request an applicant’s login credentials, and keep any public-profile review job-related and consistent.
Automated and AI Hiring Tools
Minnesota has no statute regulating automated or AI hiring tools. Title VII, the ADA, the ADEA and the Minnesota Human Rights Act still apply to any screening tool that creates a disparate impact.
Industry Rules That Override the General Position
Several Minnesota sectors carry mandatory studies and fixed disqualifiers. Where a sector statute applies, it beats your internal policy and the ban-the-box timing rule.
Check this list before you write a job-specific standard.
Human Services and Child Care
Minn. Stat. chapter 245C requires a background study for licensed programs, personal care assistance and child care. The state runs the study, sets the disqualifying offenses, and decides any set-aside request.
Schools
Minn. Stat. § 123B.03 makes districts run a criminal history check on applicants who will have direct contact with students. Districts submit through the Bureau of Criminal Apprehension.
Children and Vulnerable Adults
Minn. Stat. §§ 299C.61 to 299C.64 let qualified entities obtain criminal history for positions with access to children or vulnerable adults. The Bureau of Criminal Apprehension administers that access.
Drivers and Commercial Fleets
Minn. Stat. § 171.12 classifies driving record data, and the federal Driver’s Privacy Protection Act governs release. CDL roles also need Part 40 testing, FMCSA Clearinghouse queries and MVR review under 49 C.F.R. § 391.23.
Health Care Roles
Many licensed health positions sit inside the chapter 245C study. Others run through their licensing board, and roles paid with federal healthcare funds also need HHS-OIG exclusion screening before hire and monthly thereafter.
Financial and Fiduciary Roles
No Minnesota statute limits employment credit checks, but federal rules still apply. Section 19 of the Federal Deposit Insurance Act, 12 U.S.C. § 1829, bars certain dishonesty convictions from insured institutions without FDIC consent.
What Changed for Minnesota Employers in 2026
Minnesota employers absorbed three state and local changes in 2025, and three federal changes followed in 2026. Each item below names the date, who it covers, and what to do.
Minneapolis makes justice-impacted status a protected class
Minneapolis Ordinance 2025-022 amended the Civil Rights Ordinance, Minneapolis Code of Ordinances ch. 139, effective August 1, 2025. Justice-impacted status, meaning any arrest, charge, conviction, incarceration or probation, is now a protected class.
The ordinance covers any employer in Minneapolis and any employer whose employee performs services partly or wholly in Minneapolis, regardless of size. An arrest that did not result in conviction cannot support an adverse decision, pending matters aside.
What to do: Before adverse action on a record, document whether the person was convicted, the time elapsed, the nature and gravity of the offense, the age at the offense, rehabilitation, and any unreasonable risk to property or safety. Decisions required by state or federal law or a government contract are exempt.
Source: Minneapolis Code of Ordinances ch. 139 (Ordinance 2025-022). Read the ordinance summary
Clean Slate Act seals eligible records automatically
Minn. Stat. § 609A.015 began sealing eligible records without a petition on January 1, 2025. Waiting periods run two years for misdemeanors, three years for gross misdemeanors, four years for felony drug possession, and five years for other eligible felonies.
The Bureau of Criminal Apprehension identifies eligible people and grants relief. Sealed, expunged and juvenile records leave the public file and may not appear on a compliant report or be considered at any salary level.
What to do: Never act on a record an applicant reports as sealed without checking the court file, and remove any policy language that counts sealed or expunged records.
Source: Minn. Stat. § 609A.015. Read the law
Pay ranges must appear in job postings
Minnesota’s pay transparency duty took effect on January 1, 2025. Employers with 30 or more employees must include pay ranges in job postings.
The rule sits alongside the pay history ban in Minn. Stat. § 363A.08, subd. 8, which has barred questions about past or current pay since January 1, 2024. The Minnesota Department of Human Rights enforces both.
What to do: Add a good-faith pay range to every posting, and strip pay history questions from application forms, screening scripts and recruiter notes.
Source: Minn. Stat. § 363A.08, subd. 8; Minnesota pay transparency law (Jan. 1, 2025). Read the MDHR guidance
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other DOT safety-sensitive employees for marijuana under Part 40. For every other role, follow DATWA and the § 181.951, subd. 8 cannabis exclusion.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Minnesota Employment Screening Services
Each search below maps to a rule discussed on this page. Order them alone, or bundle them into one package.
Minnesota Statewide Criminal Search
A real-time name search of the Bureau of Criminal Apprehension public file across all 87 counties. See the product page for pricing and a sample report.
County Criminal Court Search
Direct county court research where the applicant lived or worked. Reaches pending cases the state file never carries. Price: $18 plus court fees.
SSN Trace and Address History
Reports names, aliases and addresses over ten years. Run it first, because it tells you which Minnesota counties matter.
Nationwide Criminal Database
A multi-state locator that flags records beyond Minnesota. We verify every hit at the source court.
Federal Criminal Search
Federal district court cases never reach the Minnesota state file. Add this search for finance, healthcare and interstate roles.
Motor Vehicle Records
Driving histories for delivery, trucking, sales and CDL positions, ordered with the applicant’s written consent.
Verifications and Add-ons
Confirm titles, dates and credentials directly with the source. Verifications carry no Minnesota-specific restriction.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Minnesota Employer Compliance Checklist
- Remove criminal history questions from every application form, and ask only after interview selection or a conditional offer.
- Remove questions about race, religion, sex, gender identity, marital status, disability and age under Minn. Stat. § 363A.08, subd. 4.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Add the Minn. Stat. § 13C.02 copy request box to your disclosure, and confirm the applicant copy goes out inside 24 hours.
- Strip pay history questions from forms, scripts and recruiter notes, and add pay ranges to postings at 30 or more employees.
- Run and document an individualized assessment on any record-based rejection.
- Check whether the role involves any work in Minneapolis before you decide on a record.
- Ignore sealed, expunged and juvenile records, including Clean Slate sealings.
- Publish a written drug and alcohol testing policy before any test, and mark which job descriptions are genuinely safety-sensitive.
- Re-check sector rules for human services, schools, child care and drivers.
Minnesota Employment Screening Law FAQs
Does Minnesota have its own version of the Fair Credit Reporting Act?
Yes, in part. Minnesota chapter 13C, Access to Consumer Reports, runs alongside the federal FCRA. Minn. Stat. § 13C.02 requires a disclosure carrying a check box for a report copy.
Delivery then follows within 24 hours when the box is checked. The Minnesota Attorney General enforces the chapter.
When may a Minnesota employer ask about criminal history?
Not on the application. Minn. Stat. § 364.021 bars the question until the applicant is selected for an interview, or until a conditional offer where no interview occurs.
The rule covers every private and public employer with no headcount threshold. The Minnesota Department of Human Rights enforces it.
How far back can a Minnesota criminal background check go?
Minnesota sets no lookback cap for screening companies. Conviction data stays public for 15 years after the sentence is complete, under Minn. Stat. § 13.87, which the Bureau of Criminal Apprehension administers.
The FCRA separately blocks arrests and other non-convictions after seven years, and that block lifts at a $75,000 salary. Sealed and juvenile records never appear.
What does the Minnesota Clean Slate Act mean for employers?
Minn. Stat. § 609A.015 has sealed qualifying records automatically since January 1, 2025. Waiting periods run two years for misdemeanors, three for gross misdemeanors, four for felony drug possession and five for other eligible felonies.
The Bureau of Criminal Apprehension grants relief without a petition. Sealed records may not appear on a compliant report or be considered.
What may a Minnesota employer ask on a job application?
Minn. Stat. § 363A.08, subd. 4 bars any employer from requesting information about race, color, creed, religion, national origin, sex, gender identity, marital status, public assistance status, familial status, disability, sexual orientation or age before hire. The Minnesota Department of Human Rights enforces it.
Title VII, the ADEA, the ADA and the INA add federal limits. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
Can a Minnesota employer test applicants for cannabis?
Usually not. Minn. Stat. § 181.951, subd. 8 excludes cannabis from pre-employment testing for most roles, and a positive result alone cannot justify refusing to hire.
Subd. 9 preserves testing for safety-sensitive positions, peace officers, firefighters, CDL drivers, care roles and federally required testing. DATWA is enforced through private civil actions, and the Department of Labor and Industry oversees the chapter.
Can a Minnesota employer fire someone after one positive drug test?
Not immediately. Minn. Stat. § 181.953, subd. 10 requires you to offer counseling or a rehabilitation program after a first positive confirmatory test. Discharge follows only if the employee refuses the program or fails to complete it.
A written policy under Minn. Stat. § 181.952 must exist before any testing. Employees enforce DATWA through private lawsuits.
What changed in Minneapolis on August 1, 2025?
Minneapolis Ordinance 2025-022 added justice-impacted status, housing status, height and weight as protected classes under Minneapolis Code of Ordinances ch. 139. The Minneapolis Department of Civil Rights investigates complaints.
Before rejecting someone over a record, employers must run an individualized assessment weighing conviction status, time elapsed, severity, age at the offense, rehabilitation and risk. The ordinance also reaches employers whose workers spend part of their time in Minneapolis.
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This page provides general information about Minnesota background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.